Aires Rodrigues wrote:
I have neither tried or crucified the priest. I have MERELY religiously updated fellow netters of the progress and developments of the Ribandar Church molestation case ...
(The) Priest against whom the Goa Police have registered an F.I.R for the offence of molestation continues to be just an accused and will remain so UNTIL if and when his trial COMMENCES.
In the Goa Children's Act under which this case comes as the victim is a minor girl, it is for the accused to prove that he has NOT committed the alleged crime.
I personally met the the Archibishop Rev. Felipe Neri Ferrao on August 12th last year and at his request gave him a written complaint about the affairs at the Ribandar Church. Not a word in reply.
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Dear Adv. Aires Rodrigues,
Thank you for taking the time out to respond.
I am a strong believer that the Law should take its own course, and that there should be NO preferential treatment for anyone, even be it an accused priest.
However, I am really shocked to learn (from you) that according to the the Goa Children's Act of 2003, it is for the accused to prove that he has NOT committed the alleged crime.
ALL I can say is WOW!!
And you, as a lawyer, are comfortable with that?
I strongly condemn any person who commits any act of Molestation against anybody - especially a child. I equally condemn any lawyer who sits comfortable with an Act which expects an accused to prove a negative.
BTW: If there indeed is such a Law, dear Sir, that Law is a donkey.
And, as a pediatrician who also has to deal with the medico-legal aspects of such cases, I express my gravest concerns. Trust me, this type of Act will not only wrongfully condemn innocent individuals, but also let go some very guilty folks.
Now, you also write that you have "neither tried or crucified the priest" but "MERELY religiously updated fellow netters of the progress and developments of the ...case"
For starters, I would have left the names out of the updates. Naming names causes an Abuse by itself.
Now, please allow me to sift through your actions before deciding on your word "MERELY":
May I ask IF:
You witnessed the alleged incident?
You know IF this child had a medical examination by a physician who deals with such issues?
You know IF any genetic testing was done?
The alleged victim approached you directly or indirectly?
Your office or You INITIATED the contact with the the alleged victim or her family?
You interviewed the alleged victim?
You tried to discuss the alleged incident with the accused?
You discussed this case with the family?
You advised the family or any other entity about this case, in any form, shape or fashion?
You assisted in the filing of any complaints?
You assisted in the follow up of any complaints with the Police / Courts ?
BTW 1: I note that you personally met Archibishop Rev. Felipe Neri Ferrao on August 12th, 2004. At his suggestion, you submitted to him a written complaint about the affairs at the Ribandar Church.
Would you care to post that complaint (minus any names) to GoaNet?. It might help the ignoramus like me to try ascertain IF there are any collateral issues involved.
Would you also accept that, as you had not received a reply from the Archbishop, it would have been a good idea for you to RE-WRITE to him?
BTW 2: Me not being a lawyer, I remain very concerned at the following from you "(The) Priest against whom the Goa Police have registered an F.I.R for the offence of molestation continues to be just an accused and will remain so UNTIL if and when his trial COMMENCES"
Did you perchance mean UNTIL his trial CONCLUDES?
Otherwise, it would be pre-Judice.....right?
yours very sincerely
jose
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